Sec. 114. Orderly transition
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Each qualified body designated under section 105 before the date of first issuance specified in this subsection, shall, to the extent practicable while meeting the requirements and standards of this title, issue multiple licenses under this title before such date in order to ensure a robust and competitive market for consumers and to prevent the first licensees from gaining an unfair competitive advantage. No license issued under this title shall authorize a licensee to accept a bet or wager under this title before the date of first issuance specified in this subsection.
The date of first issuance specified in this subsection is the date that is 270 days after the date of the enactment of this Act. Each person shall, with respect to an Internet gambling facility not licensed under this Act and to the extent applicable to the person— not later than 30 days after the date of the enactment of this Act, cease offering, accepting, and providing services with respect to bets or wagers from individuals the person knows, or reasonably should know, are located in the United States; provide to each individual located in the United States who has outstanding sums on deposit with such person notice to such individual that operations will be ceasing pursuant to paragraph
(1)with instructions indicating the procedures the individual should use to request the return of such sums— not later than 7 days after the date of the enactment of this Act and not less frequently than quarterly thereafter until such sums have been returned, by e-mail; not later than 30 days after the date of the enactment of this Act and not less frequently than semi-annually thereafter until such sums have been returned, by mail; and beginning not later than 14 days after the date of the enactment of this Act and ending on the date that such sums have been returned, by promptly displaying notice each time such individual signs into the Internet gambling facility; promptly return all outstanding sums to individuals located in the United States who have sums on deposit with such person, upon the request of such individuals; during the 2-year period beginning on the date of the enactment of this Act, retain all outstanding sums on deposit with such person that are owed to individuals under subparagraph
(C)the disposition of which remains unresolved because of a lack of a request by such individual under such subparagraph or other reason; and on the date that is 2 years and 1 day after the date of the enactment of this Act, place any remaining sums on deposit with such person that are owed to individuals under subparagraph
(C)the disposition of which remains unresolved in escrow with a financial institution in the United States for safekeeping and orderly disposition as the Secretary may direct. Paragraph
(1)applies to any person who has operated an Internet gambling facility not licensed under this Act regardless of whether the person applies for a license or seeks a certificate of suitability with respect to an application for a license under this title. Whoever violates paragraph
(1)shall be fined under title 18, United States Code, in an amount not to exceed 3 times the amount of the funds subject to this subsection or imprisoned under such title for not more than 2 years, or both. The Office of Internet Gambling Oversight shall prescribe regulations to carry out this subsection. An applicant may seek judicial review of a determination under paragraph
(1)or
(2)only by the United States district court for the District of Columbia in accordance with chapter 7 of title 5, United States Code. Nothing in this section shall be construed to repeal, to amend, or to affect the interpretation of any provision of Federal or State law that was in effect before the date of the enactment of this Act that— authorizes the provision of services relating to bets or wagers by facilities authorized and licensed by that State or Indian tribe in compliance with the law of that State or Indian tribe, as applicable, and solely provides services to participants wholly within the boundaries of such State or the Indian lands of such Indian tribe; prohibits, restricts, or otherwise addresses bets or wagers; or prohibits fraud, unfair or deceptive acts or practices, or other criminal activity.